GOVERNMENT PROCEEDINGS VIS-A VIS COUNTER CLAIM AND SET-OFF.

The government proceedings under the ambit of Section 2 of GPA includes any set-off and counter claim that the defendant has claimed against the government in the situation where the government has sued a person with regards to the civil matters.

   “"Proceedings against the Government" include a claim by way of set-off or counterclaim raised in proceedings initiated by the Government”

In any case where the proceedings has been instituted by the government in the Magistrates Court and the defendant has raised the counter claim or set-off in the WSD the court shall transfer the matter to the High Court for it to be determined. Section 11 of the GPA.

Provided that the requirement under Section 6 of the GPA such as the 90 days’ statutory notice should be taken into consideration.

POSSIBLE QN

(a) What will be the position of Order VIII rule 1 of the CPC requiring the defendant to file the WSD within 21 days?

(b) Should the defendant wait till the lapse of 90 days’ notice to file the WSD containing the counter claim or Set-off?

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